# In the matter of Chander Mohan Sawhney Vs. Central Bank of India Ltd & Anr CA(AT)(Insolvency) No. 264-2019

> NCLAT judgment dated 2019-04-10. Citation: TCN-2019-NCLAT-00681. The Appellant, a shareholder of Harvest Hotels and Serviced Apartments Pvt. Ltd. (the…

- **Court:** NCLAT
- **Order date:** 10 Apr 2019
- **Citation:** TCN-2019-NCLAT-00681
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/chander-mohan-sawhney-vs-central-bank-of-india-ltd-anr-ca-4295134a

## Summary

### Background

The Appellant, a shareholder of Harvest Hotels and Serviced Apartments Pvt. Ltd. (the Corporate Debtor), filed an appeal against the order dated March 1, 2019, passed by the Adjudicating Authority (National Company Law Tribunal), Principal Bench, New Delhi. The Adjudicating Authority admitted the application under Section 7 of the Insolvency and Bankruptcy Code, 2016.

## Facts

The Appellant, a shareholder of Harvest Hotels and Serviced Apartments Pvt. Ltd., filed an appeal against the Adjudicating Authority's order dated March 1, 2019, which admitted an application under Section 7 of the Insolvency and Bankruptcy Code, 2016. The Appellant intended to settle the matter and move an application under Section 12A of the I&B Code. The Interim Resolution Professional's counsel stated that the Committee of Creditors had already been constituted, implying that any Section 12A application would need to be presented to the Committee of Creditors through the Resolution Professional. The court allowed the appellant to move before the Committee of Creditors through the Resolution Professional and file an application under Section 12A.

## Issues and analysis

### Issue 1: Whether the Appellant should be allowed to move an application under Section 12A of the Insolvency …

**Ratio:** Section 12A of the Insolvency and Bankruptcy Code, 2016, allows for the withdrawal of an

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**Reasoning:** The court considered the appellant's submission that they intended to settle the matter

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**Interpretation:** The court interpreted Section 12A as providing an opportunity for settlement

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**Application:** The court applied this interpretation to the specific facts by allowing the

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## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…; +1 more
- **Appellants:** Chander Mohan…
- **Respondents:** Harvest Hotels…; Central Bank of…
- **Advocates:** Anjani Kuma…; Debashish B…; +3 more

## Timeline

- **2019-03-01 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal), Principal Bench, New Delhi,…
- **2019-04-10 — Appeal F…**: The Appellant- Shareholder of ‘Harvest Hotels and Serviced Apartments Pvt. Ltd.'-…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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